California Proposition 65

Understanding Proposition 65 Compliance for Companies Selling Products in California

Proposition 65 requires businesses to issue warnings to California residents of significant exposures to chemicals identified by the state as causing cancer and/or reproductive harm. If you sell products in the state of California, you may be affected in the following three cases:

1. Its products do not contain substances from current Proposition 65.
2. Your products contain substances from the current Proposition 65 list (https://www.p65warnings.ca.gov/chemicals), but are within a "safe harbor" limit ( https://oehha.ca.gov/proposition-65/general-info/current-proposition-65-no-significant-risk-levels-nsrls-maximum) or the anticipated exposure level will not pose a significant risk of cancer or reproductive harm under OEHHA regulations, available in Article 7 and Article 8 of Title 27, California Code of Regulations.
3. Its products contain substances from the current Proposition 65 list (https://www.p65warnings.ca.gov/chemicals) above a "safe harbor" limit, and warnings are required to California residents of significant exposures to chemicals identified by the state as causing cancer and/or reproductive harm.

If products are above Non-Significant Risk Levels (NSRLs) and Maximum Allowable Dose Levels (MADLs), they must carry a warning.

A sample warning looks like this:

"WARNING: This product may expose you to chemicals, including arsenic, that are known to cause cancer in the State of California. For more information, visit www.P65Warnings.ca.gov ."
How ComplyMarket can help you:

• ComplyDoC: is an intelligent cloud solution and the first open source code for supply chain sustainability, chemical and product compliance management to collect information from suppliers.
• Ad hoc consulting: The ComplyMarket team has extensive experience providing regulatory support to California's Proposition 65 legislation.